Legal Question in Criminal Law in California
I was caught shoplifting in a Kohls store in California in the last week of July . No police called and the LP told me not to enter the store again ,else they will press treaspassing charges against me. A week ago I received a letter from Kohls collection agency asking me to pay $325 towards civil demand. I already paid the amount. Now the question I have is ,Will I go to court?. I read in several forums that a person can be sent a court date even though no police were involved. Is this true?. Also for how long Kohls has rights to file my case in court even though I paid the civil demand in full?. Please help. I'm remorseful of my act and I promoise will never do any such thing in future. Please help me..
2 Answers from Attorneys
Only the district attorney can file criminal charges in court. Information regarding criminal conduct is provided to the district attorney, most often by the police. Individuals can provide information regarding criminal conduct to either the district attorney or the police department. Only the district attorney would need to be contacted for you to received a criminal court date.
Whether you pay or not, the store can file criminal charges, with 3 to 4 years after the fact. They just can't threaten to do so to 'extort' money from you. I usually tell people to hire an attorney to negotiate an agreement that actually binds them to a promise not to file. If serious about doing so, feel free to contact me.
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